Unpaid Wages in California: Your Rights Explained
Every worker in California — regardless of immigration status, job title, or industry — has the right to be paid for every hour they work. When an employer refuses to pay wages, withholds pay, or manipulates time records, it is a violation of California labor law.
Unpaid wages are one of the most common employment violations in the state. Whether you’re missing overtime, regular pay, meal‑break premiums, or final wages, California law gives you powerful tools to recover what you’re owed.
Infinity Law Group helps workers across California fight back against wage theft and employer abuse.
What Counts as Unpaid Wages in California?
Unpaid wages include any money your employer legally owes you but did not pay. This often includes:
1. Unpaid Regular Wages
If you worked the hours, you must be paid — period.
2. Unpaid Overtime
California requires overtime pay for:
- Over 8 hours in a day
- Over 40 hours in a week
- Over 6 consecutive days
- Double time in certain situations
Learn more about your rights on our employment law page
3. Off‑the‑Clock Work
If your employer required you to work before clocking in or after clocking out, that time must be paid.
4. Unpaid Meal and Rest Break Premiums
If you were denied breaks, you may be owed one extra hour of pay per violation.
5. Unpaid Final Wages
California requires final pay immediately upon termination in many cases.
6. Illegal Deductions
Employers cannot deduct money for uniforms, tools, shortages, or damages unless the law allows it.
California Has Some of the Strongest Wage Protections in the Country
California’s wage laws are enforced by the California Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE).
Key laws include:
- Labor Code §510 — Overtime
- Labor Code §226 — Pay stub requirements
- Labor Code §1194 — Right to recover unpaid wages
- Labor Code §203 — Waiting time penalties for late final pay
These laws apply to all workers, including undocumented immigrants, as protected under California Civil Code §3339
Signs Your Employer May Be Violating Wage Laws
- You are told to clock out but keep working
- Your paycheck is missing hours
- You are paid a flat rate regardless of hours worked
- You are denied overtime
- You are paid in cash with no records
- You are misclassified as an “independent contractor”
- You never receive meal or rest breaks
- Your employer threatens you for asking about pay
If any of these sound familiar, you may have a strong unpaid wages claim.
What Compensation Can You Recover?
Workers can recover:
- Unpaid wages
- Unpaid overtime
- Meal and rest break premiums
- Interest
- Penalties
- Attorney’s fees
- Waiting time penalties (up to 30 days of pay)
Infinity Law Group helps workers calculate the full value of their claim and pursue every dollar owed.
What to Do If You Haven’t Been Paid
1. Gather your records
Pay stubs, timecards, texts, schedules, and bank statements are all helpful.
2. Write down your hours
Even if your employer didn’t track them, your testimony counts as evidence.
3. Do not confront your employer alone
Many employers retaliate or try to intimidate workers.
4. Contact an employment attorney
Infinity Law Group handles unpaid wage cases confidentially and aggressively.
Frequently Asked Questions
Can undocumented workers recover unpaid wages?
Yes. California law protects all workers, regardless of immigration status.
Can my employer fire me for asking about unpaid wages?
Retaliation is illegal. You may be entitled to additional penalties.
Do I need pay stubs to file a claim?
No. Your own records and testimony are enough.
How long do I have to file?
Most wage claims must be filed within 3 years, but some penalties extend to 4 years.
Call Infinity Law Group Today
If your employer failed to pay you, you have rights — and you deserve justice. Infinity Law Group fights for workers across California and helps recover unpaid wages quickly and safely.
Contact us today for a free, confidential consultation.
